Safe Harbour for Insolvent Trading – Promoting entrepreneurship and innovation?

Date - 26 July 2018
Venue - Bartier Perry

Bartier Perry is proud to sponsor this LESANZ event.

In this year’s corporate themed event, we explore the obligations on directors generally in managing companies involved in early stage ventures and commercialisation. We will focus on avoiding personal liability for insolvent trading, and recent amendments to insolvency laws introducing a ‘Safe Harbour’ for directors where the solvency of a company is uncertain and a plan is put in place to manage that issue.

The amendments were seen as necessary due to concerns that insolvent trading laws were discouraging early stage ‘angel’ investors and professional directors from becoming involved in start-ups and early stage ventures, not to mention potential start-up founders. The hope is that the amendments will redress this, and promote a culture of entrepreneurship and innovation that will drive business.

But do the ‘Safe Harbour’ laws achieve the intended goal?

Leading the discussion as Chair will be Gavin Stuart, Partner and head of Bartier Perry’s Dispute Resolution team. Gavin manages a busy practice assisting his clients with issues that cover:

  • copyright, trademark, patent and confidential information disputes

  • commercial contract disputes including licensing arrangements

  • corporations matters, trusts and fiduciary duties

  • debt recovery and insolvency

Speakers for the session will be:

Mark Glynn, Senior Associate 
Mark is a Senior Associate in Bartier Perry’s Dispute Resolution team and has a particular interest in the area of insolvency. Prior to practicing law, Mark worked as an accountant involved in both personal and corporate insolvencies and also in corporate roles preparing and assessing credit and operational risk and managing credit exposure to companies in times of financial stress.

Karen Petch, Barrister
Karen is a barrister at New Chambers in Sydney. She specialises in insolvency, banking and corporations law. Prior to coming to the Bar, Karen was a solicitor at a magic circle firm in London and New York, where she acted for creditors in the Lehman Brothers International Europe administration and advised insolvency practitioners, corporates and financial institutions in relation to insolvency processes and pre-insolvency structuring. She regularly advises on the impact of insolvency on pre-insolvency contracts, including the treatment of intangible assets such as intellectual property. She has an academic interest in insolvency law reform and has published work on the opportunities for transformation of Australian insolvent trading laws.


5.45 - 7.30PM


Bartier Perry - Level 10, 77 Castlereagh Street, Sydney


LESANZ Members - $35
Non Members - $65